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Who knows I own a firearm?

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    Who knows I own a firearm?

    I own one pistol. I had to fill out the paperwork for the background check when I bought it. They said they only keep that info for 30 or 60 days, I forgot.
    If I don't write that on my personal property forms will they find out?

    #2
    Originally posted by tinfoilhat View Post
    I own one pistol. I had to fill out the paperwork for the background check when I bought it. They said they only keep that info for 30 or 60 days, I forgot.
    If I don't write that on my personal property forms will they find out?
    write it down. its fraud if you dont.

    Comment


      #3
      Originally posted by tinfoilhat View Post
      I own one pistol. ... If I don't write that on my personal property forms will they find out?
      Just curious....why do you want to not list the pistol when you file?

      As already mentioned by Onlywayout, it's bk fraud to deliberately hide assets when you file. Trustees have broad powers to examine all kinds of financial information, and many do extensive searches for property and other assets to prepare for the 341 meeting. How did you pay for the pistol? Unless it was paid for in full in cash, there's trackable electronic and other financial sources related to the gun that could be discovered.

      In most states, unless the pistol is an antique or very valuable, you may be able to protect the pistol within your exemptions even if you do list it. If you are working with a lawyer or still having free initial interviews, ask to see where you stand on this.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        List it on your forms as "Sporting Equipment & Firearms". You don't need to list it all with the serial number and everything. I protected my "sporting equipment" under my wonderful $1,000 wildcard exemption.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Originally posted by tinfoilhat View Post
          I own one pistol. I had to fill out the paperwork for the background check when I bought it. They said they only keep that info for 30 or 60 days, I forgot.
          If I don't write that on my personal property forms will they find out?
          it goes the the DOJ, and the state- they know you own a firearm. It's registered, like cars are. There is a database. I would list it...
          Filed Pro Se: 10/16/2009
          341 Scheduled: 11/23/2009
          Last Day for Objections: 1/22/2010
          Discharged: 1/28/2010

          Comment


            #6
            Just list it. We originally forgot when the attorney did the petition and then when we were signing we made him put down the firearms we owned. You do not want to hide anything. They have waaayyyyys to find out information like that.

            Comment


              #7
              Originally posted by jribe View Post
              it goes the the DOJ, and the state- they know you own a firearm. It's registered, like cars are. There is a database. I would list it...
              Firearms are not registered in all States.

              In this State (Florida), no government entity can keep a registry of firearm sales. Temper that with some ATF rules on multiple purchases within a certain period of time.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

              Comment


                #8
                If you bought it new it's in the records with the feds forever I believe via the forms you filled out.
                I sold a handgun a number of years ago that I had owned for around 10 years and bought new.
                I got a call one day from a local authority inquiring about the gun. It had been used in a robbery and discarded after the crime.
                No problem clearing up matters but it shows those records are out there.

                Comment


                  #9
                  Originally posted by lrprn View Post
                  Just curious....why do you want to not list the pistol when you file?
                  Because it'll be taken away obviously. I bought it with my fathers money, I live in his house with him, the house has been in our family for over 20 years-it's full of stuff. Who's to say what belongs to who? Yes I did purchase the pistol, and I did so because I was recieving threats from an ex girlfriend who'd have various guys call the house. Ah, no big deal right? Not to me because they would describe what I was doing and wearing earlier in the day.
                  Many trips to the police station later, I found the only answer was to change my phone number. Ok great I won't get the calls that they've been stalking me.

                  And my wildcard exemptions are already going to be used.

                  So yea, I got that shit to deal with AND the bankruptcy. I thought I'd spare everyone of that but you asked.

                  Comment


                    #10
                    It is not going to be taken. I live in Florida. I listed my items under "sporting equipment and firearms". It was covered by Exemptions. No one ever even mentioned it.

                    I don't want this thread to turn into some sort of conspiracy thread. We already have a thread where someone indicated that the police enter your home so they can take inventory to come steal it all later.
                    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                    Status: (Auto) Discharged and Closed! 5/10
                    Visit My BKForum Blog: justbroke's Blog

                    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                    Comment


                      #11
                      Originally posted by kenshirley View Post
                      If you bought it new it's in the records with the feds forever I believe via the forms you filled out.
                      I sold a handgun a number of years ago that I had owned for around 10 years and bought new.
                      I got a call one day from a local authority inquiring about the gun. It had been used in a robbery and discarded after the crime.
                      No problem clearing up matters but it shows those records are out there.
                      The dealer keeps the record of the 4473. What happened with you is that the PD requested an ATF records search of the firearm. That means an ATF agent found the manufacturer and tracked to the wholesaler, to the distributor to the dealer it went to. The dealer gave them your info and on from there.

                      Outside of California you probably aren't going to have issues with the trustee because the info isn't readily available. If you bought it private party outside of California there is probably no record of it.

                      That being said, find a way to exempt it. I valued my numerous firearms based on what I would hope to get if I had to sell it right now. Essentially what a pawn broker would pay for them. All of which by the way keeps me well within my exemption allowances. It isn't worth the risk.

                      My concern is how BK will effect my CCW renewal. I guess I'll find that out later in the year Anybody have experience with BK and CCW renewal in California? How is THAT for trying to find a needle in the haystack!

                      Comment


                        #12
                        (I wrote exactly what walkthaplank wrote, but I didn't want to get into a battle about "they" are watching you.)
                        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                        Status: (Auto) Discharged and Closed! 5/10
                        Visit My BKForum Blog: justbroke's Blog

                        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                        Comment


                          #13
                          I claimed my 2 pistols. I estimated the value at $50 ea. They dont care about guns, it has never came up in my case.

                          Comment


                            #14
                            Oh, and by the way, never bring them to the courthouse.
                            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                            Status: (Auto) Discharged and Closed! 5/10
                            Visit My BKForum Blog: justbroke's Blog

                            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                            Comment


                              #15
                              Originally posted by justbroke View Post
                              Oh, and by the way, never bring them to the courthouse.
                              Thanks

                              Maybe it's not a problem. I have up to $1000 in exemptions in personal belongings AND $1000 in auto exemptions correct?
                              Because I need to use the max auto exemption amount AND use my wildcard for my auto exemptions, and even then I think I'm just going to squeak by.

                              Off topic but how do you price your personal belongings?
                              I don't have much, but they want the pets listed? weird, and more awkward is under jewlery the only thing I have is a locket with my mothers ashes in it, how in the world do you price that?

                              Comment

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